Supervisor
Nellis called the Regular Meeting of the Eden Town Board to order at 7:35 P.M.

Pledge of Allegiance:

Supervisor
Nellis led the assembly in the Pledge of Allegiance to the flag followed by a
moment of silence.

Supervisor
Nellis welcomed everyone to the Town Board Meeting and began by recognizing
Frank Mantione who has done some extraordinary things for the Town, which
included a public service event that occurred on June 9thinvolving Eighteen Mile Creek cleanup of two
areas down in EdenValley
and Route 75 and EastChurch.Mr. Mantione and Councilman Krycia
coordinated the cleanup.Supervisor
Nellis then read the names of the following participants:

Eighteen Mile Creek Clean-up
Participants

Frank Mantione

Jason Collard

Marg Collins

Robert Stievater

Mitchell Collard

Jim Collins

Ed Krycia Jr.

Rick Stadelmaier

Vincent Mangino

Mark Soeman

Jesse Crabtree

Linda Steele

Vern Impey

Josh Chatwood

Christian Steele

Ryan Brown

Celeste Callinan

Tyler Arendt

Jerry Brown

Stacy Callinan

Erich Arendt

Kathy Swank

Megan Collins

Jeremy Logan

Dick Swank

The event was a “Project Impact”
activity for the youth to participate in.Supervisor Nellis and the Town Board members presented each participant
with a certificate of award and appreciation.

Supervisor
Nellis then presented Ronald Maggs, Superintendent of Highways a certificate
that recognized the Eden Highway Department of their continued service and
support to Rural Transit Services.

Approval of Minutes:

Supervisor
Nellis asked if there were any questions or corrections to the Town Board
Minutes of June 13, 2001.There were none.

Supervisor
Nellis asked if there were any questions on the “Audit of Bills” which are on
file in the Town Clerk’s office.Mary Jo
Hultquist, Town Clerk stated that there was one addition to the Highway Fund,
voucher #216 for “The General Fund” for fuel in the amount of $1,087.81
changing the total amount to $42,820.21.

JULY 2001

DESCRIPTION

VOUCHER NUMBERS

AMOUNT

General Fund

360
– 419

$33,623.98

Highway Dept. Fund

182 – 216

$42,820.21

Fire Dept. Fund

127 – 147

$6,517.27

Recreation Dept. Fund

77 – 103

$7,975.29

Refuse and Garbage Fund

17 – 19

$13,084.86

Street Lights Fund

9 – 10

$3,616.26

Water Fund

10 – 11

$3,831.79

Trust & Agency Fund

-

$0

Capital Fund

-

$0

Community Development

-

$0

MOTION was made
by Councilman Zittel to approve the Audit of Bills with addition as stated by
the Town Clerk; seconded by Councilwoman Pew; All – “Ayes”; Opposed? – None;
Abstain? – None; Motion carried.

After Paul
Shephard, Eden Emergency Squad completed his report, Supervisor Nellis extended
the Town Board’s appreciation to the top five members for the month of June,
Julie Boedo, Cheri Dias, Art Bugenhager, Brent Hardy, Ray McGinty and Jamie
Osuch.The member of the month was Julie
Boedo.

Mr.
Shephard also reported that Mercy Flight is doing a campaign for their 20th
Anniversary by placing signs at addresses where they have landed and assisted
in transporting patients to the hospital.The signs will be up for a couple weeks and the signs also include the
names of the fire and emergency departments in Eden.

Councilman
Zittel inquired if Mercy Flight still mandates that a pumper be on the
scene.Mr. Shephard replied that it is
no longer a requirement, however a truck is usually
on-site due to the emergency call in the first place.

Councilwoman
Pew asked if there was a designated place that Mercy Flight has to land in the
Town of Eden.Mr. Shephard replied that there are landing
zones for Mercy Flight to use, however in the event of a critical patient,
Mercy Flight tries to land as close to the scene as possible.Mr. Shephard also noted the areas that are
used by Mercy Flight more often are the High School sports field and Tennessee
Gas on East Eden Road.

After Chief
Howard completed his report, Chief Howard requested the creation of a part-time
Police Dispatcher position that would not affect the current budget.Chief Howard requested that Jennifer Mills be
hired for the position.

MOTION was made by Councilman Zittel to create the
position of part-time Police Dispatcher; seconded by Councilwoman Pew; All –
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.

Ronald
Maggs, Superintendent of Highways reported that the paving was completed on the
Town Hall parking lot and that the Highway Department is now working on summer
projects.

Mr. Maggs
also requested the following Budget Transfers for approval.From account D2770 to account D5142.4 for
money received as compensation for cleaning debris on Sauers, Yochum and Knoll
Roads in the amount of $300.00, from account D2770 to account D5110.4 for pipe
permit money in the amount of $2,843.36.

Mr. Maggs
also requested permission to assist with the Eden Corn Festival as needed on
the grounds.

MOTION was made by Councilman Zittel to grant
permission to the Highway Superintendent, Ronald Maggs to help with the Eden
Corn Festival as needed on the grounds; seconded by Councilwoman Pew; All –
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.

MOTION was made by Councilman Krycia to close the
Regular Meeting of the Eden Town Board to go into public hearing to consider
the request from Nextel Partners for a Special Use Permit, which would allow
them to construct a Telecommunications Tower at 8174 N. Main Street; seconded
by Councilman Zittel; All – “Ayes”; Opposed? – None; Abstain? – None; Motion
carried.

Supervisor
Nellis closed the Regular Meeting of the Eden Town Board at 8:00P.M.

MOTION was made by
Councilwoman Pew to open the public hearing; seconded by Councilman Krycia; All
– “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

Supervisor
Nellis opened the public hearing at 8:00 P.M.

8:00 P.M.

Public
Hearing

To
consider the request from Nextel Partners for a Special Use Permit which should
allow them to construct a TelecommunicationsTower at 8174
N. Main Street, Eden.

Supervisor
Nellis stated that an application from Nextel Partners, Inc. was received for a
Tower Special Use Permit which would allow the construction of a 195’ wireless
communication facility with a 10’ x 10’ equipment building at its base, located
on a 400’ x 400’ parcel at the rear of 8174 N. Main Street, approximately 1400’
west of North Main Street on a parcel owned by resident Anne Weidner.The facility will be used to provide Nextel
Wireless service to residents and the traveling public in and around the Town
of Eden.

Gerald
Brophy, a Nextel representative was present and made a brief presentation with
handouts that were given to Town Board members.Copies of handouts are on file in the Town Clerk’s office.Mr. Brophy went on to explain why Nextel
Wireless chose the location which would be unmanned, surrounded by a fence and
would not be lighted unless required by the FAA or the Town of Eden.Mr. Brophy also explained that there is a gap
(blank area) that falls right in the hamlet of Eden
and this tower would fill the gap.

The
following residents asked questions and stated their concerns:

C.William Carpenter of 3780 Yochum
Road

Gerald Vice of 2951 Shadagee Road

Lawrence Clerc
of 8172 N. Main Street

Frank Mantione of 2722 Kulp Road

Wilbert Smutz of 3094 East Church
Street

Joseph Klug of 7700 Bley Road

John Bishof of 2840 Paxon Road

Questions
asked were about whether there was any hazardous material that would be used at
the site or as the tower transmitted.Mr.
Brophy stated that as far as his company knew there were no health
hazards.A part of the tower ordinance
is that the accumulative of radiations is monitored to ensure the safety of the
tower.Mr. Brophy also explained that
the FCC mandates all equipment used and every two years testing would be
done.Also discussed was the expected
life of the tower, which Mr. Brophy explained would be a 30-year lease and if
the tower was not used in a twelve-month period the tower would be removed at
the expense of Nextel.

Also asked was whether there would be
any interference with televisions or radios.Mr. Brophy explained that they have not experienced any interference
with other towers that they have constructed in the surrounding
communities.

Concerns
were also raised about the visibility of the tower.Mr. Brophy provided in the handouts a few
pictures taken of the proposed site from various angles around town.Mr. Brophy stated that about two miles out
the visual effect was small.There are
trees that surround the location and minimize the visibility of the tower.

Also
discussed was whether any more money be brought into the town by constructing
the tower.Mr. Brophy explained that the
site has the capability to co-locate four companies on the tower and at this
time Mr. Brophy is unaware of any other interests in this tower.

Concerns
were also expressed about the affect of property value to the residents near
the site.Mr. Brophy stated that there
would be no impact on the property values for their research has showed that
across the country property values of those near the tower did not
decrease.Supervisor Nellis asked Mr.
Brophy to send the Town Board a copy of research done on property values so the
Town Board can make it available for anyone interested in this issue.Mr. Brophy said he would forward this
information to the Town Board.

After
concerns and questions were completed, Supervisor Nellis stated that if
residents had any other information, questions or concerns to express to the
Town Board or the Eden Planning Board to consider doing so by writing to the
Town Board or the Eden Planning Board.

MOTION was made by Councilman Krycia to open the 8:30
P.M public hearing to consider Proposed Local Law No. 6-2001 to be known as the
Town of Eden Business Incentive Real Property Tax Law; seconded by Councilman
Vacco; All – “Ayes”; Opposed? – None Abstain? – None; Motion carried.

Supervisor
Nellis opened the 8:30 P.M public
hearing at 8:45 P.M.

8:30 P.M.

Public Hearing

To consider
Proposed Local Law No. 6-2001 to be known as the Town of Eden Business
Incentive Real Property Tax Law

Councilman
Krycia explained that the law has to do with a “real property tax incentive for
commercial businesses” with improvements to real property that must exceed $10,000.00.The results of an increase in assessment from
such improvements are subject to the exemption.The law is similar to Real Property Tax Law, Section 485-b with
exemption from taxation available only to conforming uses in the specified
zoning districts covered in the law, they are “Office
Business, Local Business, General Business, Planned Industrial and General
Industrial.There is an accelerated tax
abatement schedule available that requires that minimum improvements of up to
$50,000.00 be done.William Trask, Town
Attorney stated that law would be redrafted to reflect the $50,000.00
requirements.Mr. Trask also read the
following eligibility requirements; “By state law property must be use
primarily for buying, selling, storing or developing goods or services for the
manufacturer assembly of goods for processing raw materials or for hotel or
motel purposes but not for any type other dwelling accommodations for residents
or transients.”

The
following residents made comments and asked questions:

Wilbert Smutz of 3094
East Church Street

John Bischof of 2840
Paxon Road

Gerald Maggs of 2763
Second Street

MOTION was made by Councilman Zittel to close the
8:30 P.M. public hearing regarding Local Law No. 6-2001 and go into the 8:45
P.M. public hearing; seconded by Councilwoman Pew; All – “Ayes”; Opposed? –
None; Abstain? – None; Motion carried.

Supervisor
Nellis closed the public hearing at 8:55 P.M.

MOTION was made by Councilman Vacco to open the 8:45
P.M. public hearing to consider Proposed Local Law No. 7-2001, Amendments to
the Town’s Standard Schedule of Fees; seconded by Councilman Zittel; All –
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.

Supervisor
Nellis opened the public hearing at 8:55 P.M.

8:45 P.M.

Public Hearing

To Consider
Proposed Local Law No. 7-2001,

Amendments to the
Town’s Standard Schedule of Fees

Supervisor
Nellis stated that the Town had a Moratorium on Ponds to improve the law
regarding ponds and from that a need to set a fee for services rendered which the
Eden Planning Board recommended.The two
areas affected are “Residential” for a site plan review by the Eden Planning
Board and “Subdivision Fees” the amounts would be $150.00.

Councilwoman
Pew asked if the “Subdivision Fees” are for minor subdivisions. Scott Henry,
Zoning Code Enforcement officer explained that it is generally minor
subdivisions because the review process created and the review costs have
exceeded the $25.00 amount.William
Trask, Town Attorney further explained that this refers to minor subdivisions,
which are considered property splits that are not referred to the Planning
Board but are processed by the Town Engineer, the Building Inspector and the
Planning Board chairman.These fees are just
limited to those types of reviews. It
was also discussed that the fees would not exceed the $150.00 for the
“Subdivision Fees” it would be credited towards an amount that may be owed for
a referral to the Planning Board.

It was also discussed that these fees are for the services
rendered to cover the expense to review the applications.

After the
brief discussion, Mr. Trask suggested that Local Law No. 7-2001 be table in
order to review the bills that the town receives regarding the services
rendered for the application process.

MOTION was made by Councilman Vacco to close the
public hearing; seconded by Councilman Zittel; All – “Ayes”; Opposed? – None;
Abstain? – None; Motion carried.

Supervisor
Nellis closed the public hearing at 9:12 P.M

MOTION was made by Councilman Krycia to re-open the
Regular Meeting of the Eden Town Board; seconded by Councilman Zittel; All –
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.

Supervisor
Nellis re-opened the Regular Meeting of the Eden Town Board at 9:12P.M.

Departmental
reports were continued with Supervisor Nellis stating that Andrew Reilly, Town
Engineer submitted his report on activities that he had covered in the month of
June.A copy is on file in the Town
Clerk’s office.

William
Trask, Town Attorney requested for a brief Executive Session for discussion on
pending litigation.

After Mary
Jo Hultquist, Town Clerk completed the monthly report; Mrs. Hultquist also
reported on the “Tax Collection” for the 2001 Town and County taxes.The tax collection amounts were as follows:

2001 Town & CountyTax Collection

Amount

Total Collected

$4,010,678.75

Paid to Town

$1,941,291.05

Paid to County

$2,069,387.70

Collection

90%

After Susan
Brass, Recreation Director completed her report, Councilman Zittel expressed
the feeling that the Recreation Department did a fantastic job completing
Gorcica Field and that commitment and patience does pay off.

New and Unfinished Business:

Supervisor
Nellis requested that two items be added to the agenda and they were as
follows:

6.) Scoping Session for Bosse project

7.) Petition for Establishment of Drainage District for
Weller Tract II Phase 2

1.) Water District No. 4

John Reid
of R & D Engineering reported that the pump stations sites have been
narrowed down to two with more research being done.The tank site has been selected and currently
negotiations are taking place with property owners.Mr. Reid also reported that new pump stations
are backed-up and suggested that if in the next 30 days the situation doesn’t
resolve, Mr. Reid may ask the Town Board to purchase the pump station so that
it may be ordered, and them do a second contract to install it.Mr. Reid would report on July 25, 2001the
status.

Ronald
Maggs, Superintendent of Highways inquired as to when construction was
starting.Mr. Reid replied that the
watermains would begin in the next 45-60 days, there
are still two agencies that need to approve.

The
following residents asked questions:

John Bischof of 2840 Paxon Road

Donald Denz of 9101 Jennings Road

Joyce Bischof of 2840 Paxon Road

Charles Gojmerac of 8905 Jennings
Road

Desi Engle

Also
discussed was when the project would be completed.Mr. Reid stated that the intent is to be
completed by early winter and the project may begin at Jennings
Road.

The pump station however may be installed in mid-winter.

Lastly Mr.
Reid reported that with the petitions received from New
Jerusalem Road and Ferrier
Road to Route 62 residents are being looked into
as a possible water project.

2.) Southtowns Water Consortium

Supervisor
Nellis stated that it is a relativity new consortium put together supported by
the CountyExecutive.Conversations are taking place with the Erie
County Water Authority regarding the delivery of water to the Southtowns by the
water authority.The towns include
Marilla, Aurora, Village
of East Aurora, OrchardPark, Boston,
Eden, Colden
with Elma and the Village of Orchard Park who are considering joining the
presentation to be given by the consortium.

Mr. Reid
stated the purpose is to force the planning for future water needs to ensure
capacity if water was to go to other areas of these towns.

3.) Business Survey – Status Report

Supervisor
Nellis stated that a presentation was given at the June 27, 2001 Town Board Meeting.The information presented is being passed
along to other committees for review.Supervisor Nellis also stated that on the survey the Highway Department,
Fire Departments and Police Department received high marks from the businesses
that participated in the survey.Supervisor Nellis extended the Town Board’s appreciation of the high
standard of service maintained by these departments.

4.) Schedule Public Hearing – New Business

Supervisor
Nellis stated that a letter was received from Karen Sawicki, President of
“Curves for Women” to establish and renovate a portion of a building owned by
Trevor Industries, Inc., located at 8698 S. Main
Street.The
space is located in the Northwest corner of the Building and comprises
approximately 1340 square feet.

Supervisor
Nellis indicated that the Eden Planning Board has spoken with Mrs. Sawicki to
go over the drawings and has forwarded to the Town Board with site plans forth
coming.The Eden Planning Board has
recommended a public hearing be held July
25, 2001 at 8:00 P.M.The Eden Planning Board will be present.

MOTION was made by Councilman Zittel to schedule a
public hearing for “Curves for Women” subject to the site plan being presented
to the Eden Planning Board for approval; seconded by Councilman Vacco; All –
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.

5.) Abandonment of Paper
Road

Supervisor
Nellis stated that a letter was received from Bill Carpenter requesting the
Town Board pass a resolution to abandon a paper road that runs the east line of
his property on Hillview Drive.The road may have been named Ellis
Road. It runs parallel to Hammond
Drive and between Hammond
Drive and Woodside Drive
on paper.

Supervisor
Nellis stated that drawings were reviewed and in fact there was a paper road,
the part that was not done was from Hillview Drive
to East Church Street.Reviewing the process three actions are
required: that a written request be received form the
property owner, a legal description for the road to be abandon, and to have
each of the contiguous property owners sign a petition.Supervisor Nellis also stated that it does
require the Town Board members and the Highway Superintendent to sign a consent
form to eliminate the paper road.

Supervisor
Nellis read the following Resolution that was moved by Councilman Zittel:

WHEREAS,
RON MAGGS, Superintendent of Highways, states that all those parts of certain
Town highways herinafter designated have not been opened or worked for more
than six (6) years last past, and have not been traveled, or have been
abandoned by the public and have never been used as a public highway to wit:

ALL THAT
TRACT OR PARCEL OF LAND, situate in the Town of Eden, County of Erie and State
of New York, being part of Lot Number thirty-six (36), township eight (8),
Range eight (8) of the Holland Land Company’s Survey, bounded and described as
follows:

COMMENCING
as a point in the center line of Hillview Place distant 418.53 feet east of the
center line of Hammond Drive, said point being the southeasterly corner of
lands conveyed to Robert J. Beehler and Bernadine, his wife, by deed recorded
in Liber 4985 of Deeds at page 8; thence north at right angles along the
easterly line of lands conveyed to Beehler as aforesaid, said line being the
centerline of the proposed street described therein, a distance of 24.75 feet
to the northerly line of Hillview Place, said point being the principal point
or place of beginning; thence easterly along the northerly line of Hillview
Place a distance of 24.75 feet to the easterly line of the proposed street;
thence northerly along the easterly line of the proposed street to the
northerly terminus thereof; thence westerly along the northerly line of the
proposed street to the westerly line of the proposed street , said line being distant
49.5 feet westerly from the easterly line of said proposed street as measured
at right angles; thence southerly along the westerly line of the proposed
street to a point on the north line of Hillview Place distant 24.75 feet
westerly from the principal point or place of beginning; thence easterly at
right angles and along the northerly line of Hillview Place a distance of 24.75
feet to the point or place of beginning.

BE IT
RESOLVED that the members of the Town Board, constituting the whole thereof,
consent to the making and filing of the necessary certificate that this highway
be and hereby is discontinued, pursuant to Section 205 of the Highway Law, and

BE IT
FURTHER RESOLVED that the certification be subscribed by all members of the
Town Board of the Town of Eden.

Supervisor
Nellis stated that the project on Route 20 was part of an earlier discussion
with the Planning Board and residents of the Town of Evans.The Town of Evans
would be providing most of the services.The Town Engineer, Andrew Reilly suggested to set-up a “Scoping Session”
on August 8, 2001 at 6:00 P.M. and to invite the Town of Evans
to go over materials provided by Mr. Bosse.

MOTION was made by Councilman Zittel to schedule a
“Scoping Session on August 8, 2001
at 6:00 P.M. subject to the Town’s
receipt of the escrow monies that have been requested to cover the professional
services from the developer prior to the time the notices have been sent out;
seconded by Councilman Krycia; All – “Ayes”; Opposed? – None; Abstain? – None;
Motion carried.

7.) Petition for Establishment of Drainage District for
Weller Tract II Phase 2

Supervisor
Nellis stated that we have received from Donald Schreiber, Jr., Vice-President
of Schreiber & Winkelman Inc. a petition calling for establishment of
Drainage District for Weller Tract II Phase 2, copies on file in the Town
Clerk’s office.Supervisor Nellis proposed
that a public hearing be held August 8,
2001 at 8:00 P.M. to
consider the petition.

MOTION was made by Councilman Zittel to schedule a
public hearting to consider the petition to establish Drainage District for
Weller Tract II Phase 2 for August 8,
2001 at 8:00 P.M.;
seconded by Councilman Vacco; All – “Ayes”; Opposed? – None; Abstain? – None;
Motion carried.

Before
the Supervisor’s report, Supervisor Nellis suggested that a public hearing be
schedule for “Proposed Local Law No. 2001-6” on August 8, 2001 at 8:15
P.M.

MOTION was made by Councilman
Krycia to schedule a public hearing for “Proposed Local Law No. 2001-6” on August 8, 2001 at 8:15 P.M; seconded by Councilman Zittel; All – “Ayes”;
Opposed? – None; Abstain? – None; Motion carried.

Supervisor’s Report:

Supervisor
Nellis reported that $500.00 gift was received from Tennessee Gas for
Recreation fund. Supervisor Nellis extended the Town Board’s appreciation to
Rob Redmond local Manager of Tennessee Gas.

Supervisor
Nellis also reported that a visit from the State Comptroller’s office for an
informal evaluation is in process.

Supervisor
Nellis reminded everyone of the July 18, 2001 at 3:00 P.M. for purposes of a
presentation by Environmental Facility Corporation on money potentially available
for clean and drinking water projects.

Lastly
Supervisor Nellis stated that the Hamlet Revitalization Committee would be
meeting Thursday, July 12, 2001
at 6:00 P.M. and the Comprehensive
Plan Implementation Committee would be meeting Thursday, July 19, 2001 at 7:00
P.M.

Hearing of Visitors:

There were
none.

Adjournment:

MOTION was made by Councilman Zittel to adjourn the
Regular Meeting of the Eden Town Board and go into Executive Session for
purposes of litigation; seconded by Councilwoman Pew; All – “Ayes”; Opposed? –
None; Abstain? – None; Motion carried.

Supervisor
Nellis adjourned the Regular Meeting of the Eden Town Board at 10:03 P.M.

Executive Session:

Supervisor
Nellis adjourned the Executive Session of the Eden Town Board at 10:30 P.M.

Respectfully
submitted by,

Mary Jo Hultquist

Town Clerk

Town
of Eden, Town Hall, 2795 East Church Street, Eden, New York 14057-0156
Phone: 716 992-3408 Fax: 716 992-4131 Contact Us